On June 15th, the Washington State Supreme Court approved the proposed Admission to Practice Rule 28 which creates a new legal service provider category named Limited License Legal Technician. Supported by the Washington State Paralegal Association, this new rule allows trained professionals to provide limited legal services and improve access to quality legal assistance.

Washington State Supreme Court Approves New ‘Legal Technicians’ Rule

This rule was recommended by the Practice of Law Board and created by the Washington State Supreme Court in part to find new ways in which non-lawyers could improve access to law-related services. This proposal was supported by the Washington State Paralegal Association.

—— Purpose ——

The rule is intended to permit trained Limited License Legal Technicians to provide limited legal assistance under carefully regulated circumstances in ways that expand the affordability of quality legal assistance and protect the public interest.

According to the Washington State Supreme Court:

“ there are people who need only limited levels of assistance that can be provided by non-lawyers trained and overseen within the frameworks of the regulator system. ... This assistance should be available and affordable. Our system of justice requires it...[P]rotecting the monopoly status of attorneys in any practice area is not a legitimate objective.”

The Washington State Supreme Court considered it had a duty to ensure that the public could access affordable legal and law services to protect litigants from the "perils of the unregulated market place".

The Order also creates a “Limited License Legal Technician Board.” The Board is to be appointed by the state Supreme Court, and there will be a clear majority (9 out of 13) of lawyers on the Board.

—— Requirements ——

In order to be licensed, Limited License Legal Technicians must:

have a formal paralegal training, and paralegal job experience,

have completed at least 20 hours of pro bono legal service in Washington State within the prior two years,

take and pass an exam and pay annual license fees,

show proof of financial responsibility,

have a principal place of business with a physical street address in Washington State,

personally perform services for the client,

complete a number of credit hours in courses or activities approved by the Board,

enter into a written contract describing their services and fees with their client prior of the performance of services.

—— Scope of Practice ——

As explained by the Washington State Supreme Court, Limited License Legal Technicians are not lawyers. They are, under the rule, authorized to engage in very discrete, limited scope and limited function activities. For example, they will not be able to provide legal representation services in complex, contested family law matters.

Limited License Legal Technicians are allowed to:

explain facts and relevancy,

inform the client of procedures and “anticipated course of the legal proceeding,”

provide the client with self-help materials approved by the Board or prepared by a Washington state lawyer,

review and explain the other sides documents and exhibits,

select and complete forms approved by various groups,

perform legal research and write legal letters and documents, but only if reviewed by a Washington lawyer,

An applicant for licensure as a Limited License Legal Technician shall be "of good moral character and demonstrate fitness to practice".

Limited License Legal Technicians will be held to the standard of care of a Washington lawyer and to the ethical standards of their profession's rules of professional conduct (which should for example create a program to ensure the proper handling of funds coming into the possession of the Limited License Legal Technician).

Additionally, rules regarding attorney-client privilege and fiduciary responsibility to the client apply to the Legal Technician-client relationship to the same extent as they apply to attorney-client relationships.

—— Cost of services ——

As recognized by the Washington State Supreme Court, "no one has a crystal ball".

It is possible that the cost of establishing and maintaining a practice under this new rule will require Limited License Legal Technicians to charge rates close to those of attorneys. On the other hand, economies can probably be achieved and there is a strong hope and possibility that the services offered by Limited License Legal Technicians will be priced at a rate substantially lower than those of attorneys.

For example, non-profit organizations could add Limited Licence Legal Technicians to their staff. Traditional legal aid programs and private pro bono attorneys could also benefit from this ruling.

—— In conclusion ——

It will be interesting to see how Washington's foray into licensing legal technicians turns out. If successful, the rule could be adopted in many other states -- benefiting clients and hopefully paralegals, but possibly harming attorneys.